scienter

Examples

• All

• Like most environmental statutes, RCRA and CERCLA require the government to prove scienter to obtain a conviction.

  Academic text (1992)

• The judge ruled that the prosecution failed to prove scienter, as there was no evidence that the defendant understood the wrongfulness of his actions.

• The third case to deal with the issue of scienter was United States v. Schultz.

  Academic text (2016)

• This all changed with a string of cases applying the federal law of source nations to solve the scienter requirement.

  Academic text (2016)

• The scienter requirement is a particularly tough hurdle for the successful litigation of stolen-art cases.

  Academic text (2016)

• To date, though, courts have been reluctant to reduce the scienter requirements mandated by Congress or to impose liability upon more individuals than those whose acts and mental state satisfy the requirements of the law.

  Academic text (1993)

• Until 1974, prosecuting possessors of stolen art was only a theoretical deterrent because of the immense challenge of proving scienter.

  Academic text (2016)

• Essentially, the strong export restrictions on the Guatemalan pre-Columbian artifact provided the evidence necessary to satisfy the NSPA's scienter requirement.

  Academic text (2016)

• The court held that the jury did not have to find scienter for the actual crimes he committed under the NSPA, but allowed the jury to consider the conspirators' knowledge of Egyptian law and expertise in Egyptian antiquities as evidence of knowledge that the antiquities were stolen.

  Academic text (2016)

• The second case to successfully apply the NSPA to a theft of foreign artifacts and satisfy the scienter requirement by applying the foreign nation's broad antiquities laws was United States v. McClain in 1977.

  Academic text (2016)

How Knowing

scienter

• Formal

9.9

knowledge

∞ 1.0

awareness

336 3.2

suspicion

39 2.3

ignorance

316 3.9

Surface Forms

Etymology